Marriage Annulment

Asked about 4 years ago - Oakland, CA

My wife and I lived separated since our marriage in 2005. She wanted to keep our marriage secret since her family did not aporoved our relationship and in the date of our wedding she requested to two of her friends to act as witness.During our marriage we engaged in any common activities of couples such as sex, traveling , etc.. In 2007 after receiving couples counseling and not being able to resolve our issues we decided to separate. She agreed to remain married with me until completion of naturalization papers. After I got naturalized (2009) I filled for a dissolution but she responded a request for annulment under the basis of fraud. What can I do to proof the validity of our marriage? What does she need to do to proof her petition? Any advice is very helpful.. thank you.

Additional information

Before getting married we signed a prenump contract stating that our relationship is based on love and no other interest and describes how ourjoint properties/debt should be separated. Can this help me in creating a stronger case to proof validity od our marriage?

Attorney answers (3)

  1. Mark Brian Baer

    Contributor Level 14

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    Answered . I agree with the other answers. I want to add that she would have to prove fraud at the moment that you got married and not that you requested her to remain married until you completed the naturalization process.

    However, I do not believe that she is admitting to immigration fraud because her agreement to remain married to you was after you were already married for 2 years. For her to be admitting to such fraud, she would have to have known that the marriage was for purposes of your immigration status at the time of the marriage. She will probably state that she did not know of your purpose in getting married until your request in 2007 that she remain married until you finished the nationalization process. Nevertheless, that does not make her burden of proof any easier.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Steven Alan Fink

    Contributor Level 20

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    Answered . It does not sound like she has grounds for annulment. You were legally married. by arguing for annulment she is admitting immigration fraud. She may wish to rethink her position. You need to hire a family law attorney.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  3. Cristin Michelle Lowe

    Pro

    Contributor Level 13

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    Answered . First of all, you should try to relax a little bit, because it is HER burden to prove fraud since she's the one asking for an annulment. From the presented facts, it doesn't sound as though she has valid grounds. Despite the publicity of Renee Zellweger and Britney Spears' annulments, they really are not very common and are very difficult to obtain. They only get more and more difficult as time goes on.

    Even though she may want to pretend the marriage happened, it sounds like it really did, and as a result, she will have to face the facts and terminate the marriage the proper way: with a divorce.

    There WILL be a hearing on her petition for nullity, so you do need to be prepared for that. Even though it's her burden of proof, the evidence you have (couple's counseling, proof of travel, etc.) is important. I would suggest consulting with an attorney and retaining one if at all possible. While you should be confident in your position, the truth is that anything can happen in court, and I do advise that you take every precaution possible.

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